Current through L. 2024, c. 185.
Section 1027 - Rulemaking; emergency permit(a) The Secretary may adopt rules to implement the requirements of this subchapter.(b) The Secretary shall adopt rules regarding the permitting of stream alteration activities under this subchapter during a state of emergency declared under 20 V.S.A. chapter 1 or during flooding or other emergency conditions that pose an imminent risk to life or a risk of damage to public or private property. Any rule adopted under this subsection shall comply with National Flood Insurance Program requirements. A rule adopted under this subsection shall include a requirement that an activity receive an individual stream alteration emergency permit or receive coverage under a general stream alteration emergency permit. (1) A rule adopted under this subsection shall establish:(A) criteria for coverage under an individual permit and criteria for coverage under a general emergency permit;(B) criteria for different categories of activities covered under a general emergency permit, including emergency protective measures under subsection 1021(b) of this title;(C) requirements for public notification of permitted activities, including notification after initiation or completion of a permitted activity;(D) requirements for coordination with State and municipal authorities; and(E) requirements that the Secretary document permitted activity, including, at a minimum, requirements for documenting permit terms, documenting permit duration, and documenting the nature of an activity when the rules authorize notification of the Secretary after initiation or completion of the activity.(2) A rule adopted under this section may: (A) establish reporting requirements for categories of activities;(B) authorize an activity that does not require reporting to the Secretary; or(C) authorize an activity that requires reporting to the Secretary after initiation or completion of an activity.Added 2011, No. 138 (Adj. Sess.), § 5, eff. 5/14/2012.